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PinoyWebcast.com's Terms of Service
1) PinoyWebcast.com provides its services to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
2) You are permitted to use PinoyWebcast.com provided that: i) your use of PinoyWebcast.com as permitted is solely for your personal, non-commercial use; ii) you will not copy or distribute any part of PinoyWebcast.com in any medium without PinoyWebcast.com's prior written authorization; iii) you will not alter or modify any part of PinoyWebcast.com beyond what's allowed for normal user interaction as prompted by PinoyWebcast.com and as per its intended purpose; and (iv) you will always comply with the terms and conditions of these Terms of Service.
3) You understand and agree that PinoyWebcast.com is provided "AS-IS" and that it assumes no responsibility for its availability or timeliness; or deletion or misdelivery of, or failure to store, any user video, input, or communication. You are solely responsible for obtaining access to PinoyWebcast.com, which may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. PinoyWebcast.com reserves the right to discontinue any aspect of PinoyWebcast.com at any time.
4) You understand and agree that PinoyWebcast.com shall include advertisements and that these advertisements are necessary for PinoyWebcast.com to provide its services to its users.
5) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses PinoyWebcast.com in a manner that sends more request messages to the PinoyWebcast servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
6) You agree not to collect or harvest any personally identifiable information, including account names, from PinoyWebcast.com, nor to use the communication systems provided by PinoyWebcast.com for any commercial solicitation purposes.
7) The content on PinoyWebcast.com, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to PinoyWebcast.com, subject to copyright and other intellectual property rights under Philippine and foreign laws and international conventions.
8) Content on PinoyWebcast.com is provided to you “AS-IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree to not engage in the use, copying, or distribution of any of PinoyWebcast.com’s content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through PinoyWebcast.com for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of PinoyWebcast.com or features that prevent or restrict use or copying of any content or enforce limitations on use of PinoyWebcast.com or the content therein. In consideration of your use of PinoyWebcast.com, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Philippines or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PinoyWebcast.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PinoyWebcast.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
9) PinoyWebcast.com may now or in the future permit the submission and hosting of videos, audios, and/or other communications (User Submissions) submitted by you and other users, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, PinoyWebcast.com does not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize PinoyWebcast.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all your User Submissions to enable inclusion and use of these in the manner contemplated by PinoyWebcast.com and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the user submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by PinoyWebcast.com and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to PinoyWebcast.com, you hereby grant PinoyWebcast.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with PinoyWebcast.com and PinoyWebcast.com's (and its successors’) business, including without limitation for promoting and redistributing part or all of PinoyWebcast.com (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of PinoyWebcast.com a non-exclusive license to access your User Submissions through PinoyWebcast.com, and to display such User Submissions as permitted through the functionality of PinoyWebcast.com and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from PinoyWebcast.com. You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PinoyWebcast.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage PinoyWebcast.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. PinoyWebcast.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and PinoyWebcast.com expressly disclaims any and all liability in connection with User PinoyWebcast.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and PinoyWebcast.com will remove all Content and User submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. PinoyWebcast.com reserves the right to remove Content and User Submissions without prior notice. PinoyWebcast.com will also terminate a User's access to its Website, if they are determined to be a repeat infringer. PinoyWebcast.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. PinoyWebcast.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. You understand that when using PinoyWebcast.com, you will be exposed to User Submissions from a variety of sources, and that PinoyWebcast.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PinoyWebcast.com with respect thereto, and agree to indemnify and hold PinoyWebcast.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
10) PinoyWebcast.com permits you to link to materials on PinoyWebcast.com for personal, non-commercial purposes only. In addition, PinoyWebcast.com provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on PinoyWebcast.com, provided that you include a prominent link back to PinoyWebcast.com on the pages containing the Embeddable Player.
11) You agree that your use of PinoyWebcast.com shall be at your sole risk. PinoyWebcast.com makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any errors, content inaccuracies, personal injury or property damage of any nature whatsoever, resulting from: i) your access to and use of PinoyWebcast.com; or ii) unauthorized use of or access to our servers and/or any personal information stored therein; or iii) any interruption or cessation of transmission to or from our website.
12) You agree to defend, indemnify and hold harmless PinoyWebcast.com, its parent company, officers, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to PinoyWebcast.com; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of PinoyWebcast.com.
13) You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
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© 2006 www.PinoyWebcast.com All Rights Reserved. |
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